History of Indian Patent System || 1856| THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS.| 1859| THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION).| 1872| THE PATENTS & DESIGNS PROTECTION ACT.|

1883| THE PROTECTION OF INVENTIONS ACT.|
1888| CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT.|
1911| THE INDIAN PATENTS & DESIGNS ACT.| 1972| THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972.| 1999| ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995.| 2002| THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003| 2005| THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005| | |

Brief about Indian Patent System 1. The first legislation in India relating to patents was the Act VI of 1856. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions. The Act was subsequently repealed by Act IX of 1857 since it had been enacted without the approval of the British Crown . Fresh legislation for granting ‘exclusive privileges’ was introduced in 1 859 as Act XV of 1859. This legislation contained certain modifications of the earlier legislation, namely, grant of exclusive privileges to useful inventions only and extension of priority period from 6 months to 12 months. This Act excluded importers from the definition of inventor. This Act was based on the United Kingdom Act of 1852 with certain departures which include allowing assignees to make application in India and also taking prior public use or publication in India or United Kingdom for the purpose of ascertaining novelty. 2. In 1872, the Act of 1859 was consolidated to provide protection relating to designs. It was renamed as “The Patterns and Designs Protection Act” under Act XIII of 1872. The Act of 1872 was further amended in 1883 (XVI of 1883) to introduce a provision to protect novelty of the invention, which prior to making application for their protection were disclosed in the Exhibition of India. A grace period of 6 months was provided for filing such applications after the date of the opening of such Exhibition. 3. This Act remained in force for about 30 years without any change but in the year 1883, certain modifications in the patent law were made in United Kingdom and it was considered that those modifications should also be incorporated in the Indian law. In 1888, an Act was introduced to consolidate and amend the law relating to invention and designs in conformity with the amendments made in the U.K. law. 4. The Indian Patents and Designs Act, 1911, (Act II of 1911) replaced all the previous Acts. This Act brought patent administration under the management of Controller of Patents for the first time. This Act was further amended in 1920 to enter into reciprocal arrangements with UK and other countries for securing priority. In 1930, further amendments were made to incorporate, inter-alia, provisions relating to grant of secret patents, patent of addition, use of invention by Government, powers of the Controller to rectify register of patent and increase of term of the patent from 14 years to 16 years. In 1945, an amendment was made to provide for filing of provisional specification and submission of complete specification within nine months. 5. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. It was found desirable to enact comprehensive patent law owing to substantial changes in political and economic conditions in the country. Accordingly, the Government of India constituted a committee under the...

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...DRAFT SYLLABUS FOR ADVANCE TRAINING OF EXAMINERS OF PATENTS AND DESIGNS
NOTE:
1. ALL THE EXAMINERS SHALL SELECT AT LEAST 5 PATENT APPLICATION NUMBERS ALLOTTED TO THEM AND AWAITING EXAMINATION AND SEND THE NUMBERS BEFORE HAND TO RGNIIPM.
2. SINCE THE TEACHING METHOD IN THIS TRAINING IS BASICALLY BASED ON DISCUSSION / INTERACTION, EXAMINERS ARE REQUIRED TO EXHIBIT PROPER DECORUM.
3. THE WHOLE SYLLABUS WILL NOT BE PROVIDED TO THE EXAMINERS. THEY WILL BE PROVIDED DETAILS OF ONLY THE MODULE THAT THEY WILL BE REQUIRED TO UNDERGO.
4. THE CONTRIBUTION OF EACH EXAMINER WHO IS SELECTED FOR PRESENTATION WILL ADD UP AND COUNTED AS THE PERFORMANCE OF THE WHOLE SUB-GROUP. THE SUB-GROUPS ARE THEREFORE REQUIRED TO ACTIVELY ASSIST SUCH SELECTED EXAMINERS.
5. AFTER THE EXAMINER IS SELECTED AND HE/SHE STARTS PERFORMING, ANY OTHER EXAMINER CAN BE SELECTED AT ANY POINT OF TIME TO CONTINUE WITH WHAT THE FIRST MENTIONED EXAMINER WAS DOING.
6. END SESSION EVALUTION SHALL BE HELD FOR INDIVIDUAL PERFORMANCE APPRAISAL OF EACH EXAMINER
ADVANCE TRAINING PROGRAMME FOR EXAMINERS OF PATENTS AND DESIGNS
Module-1
Date Module Timing Session No. Topics Speaker/Faculty
29.07.2013 Inauguration
09.30-10.15 - Welcome and introductory remarks by HO, RGNIIPM
Special address by CGPDTM Shri Chaitanya Prasad, IAS
CGPDTM
10.15-11.15 1 Initiation of a discussion by Sh. B. P. Singh with the Examiners – appraising the...

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Patent
A patent or is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention.
The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the invention. These claims must meet relevant patentability requirements, such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.
Under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights, patents should be available in WTO member states for any invention, in all fields of technology, and the term of protection available should be a minimum of twenty years. In many countries, certain subject areas are excluded from patents, such as business methods and computer programs.
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Definition
The word patent originates from the Latin patere, which...

...From:
Subject: Accounting Treatment for Patents
XYZ Research Co, (XYZ) came to our firm, requesting clarification on the accounting treatment for patents the company purchased.
1. FACTS
 The company possesses many patents and has historically expensed all of the costs associated with obtaining their patents.
 The company is unsure if any or all of its patent costs can be capitalized.
 The company is unsure if impairment testing should be done periodically on their patents.
2. ISSUES
a) Should any costs related to purchasing patents be capitalized?
 What costs should be capitalized?
 What costs should be immediately expense?
b) How often should impairment testing be performed on the patents?
c) What is the proper accounting treatment for patents?
3. CONCLUSION
 XYZ should capitalize the costs when obtaining patents from another entity or person.
 XYZ should conduct impairment testing annually.
4. REASONINGS AND AUTHORITIES (R&A)
A patent is “a property right granted by the Government of the United States of America to an inventor to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing in the United States for a limited time in exchange for public disclosure of the invention when the...

...Bengal Legislative Council and inflicted defeats on three ministries. The Calcutta Municipal Act of 1923 was a major landmark in the history of local self-government in India. The Swarajists were elected to the Calcutta Corporation in a majority in 1924. Deshbandhu was elected mayor and Subash Chandra Bose was appointedChief Executive Officer. The leaders of Swaraj Party began to advocate fordominion status to India. Many of the elected deputies soon forgot about obstruction and began cooperating with the government (tariff autonomy bill passed, 1923). In 1924 Gandhi was released from prison due to poor health and was elected President of the Indian National Congress. 1925 saw the first woman becoming the president of Indian National Congress when Sarojini Naidu was elected President for the Kanpur session.
Revolutionary Movement in India during 1920s and 1930s
The revolutionaries in northern India organized under the leadership of the old veterans, Ramprasad Bismil, Jogesh Chatterjee, Chandrashekhar Azad and Sachindranath Sanyal whose ‘Bandi Jiwani’ served as a textbook to the revolutionary movement. They met in Kanpur in October 1924 and founded the Hindustan Republican Association (HRA) to organize armed revolution to overthrow colonial rule and establish in its place a Federal Republic of the United States of India.
Gopinath Saha in January 1924 tried to assassinate Charles Tegart, the hated...

...﻿Patents
Wheatley v Drillsafe Ltd. (2001)
Wheatley v Drillsafe Ltd.
Facts:
Wheatley (W), the proprietor and licensee of a European patent relating to a threaded hole cutting device, appealed against a decision holding that the patent was invalid on the ground of common general knowledge and accordingly should be revoked, and also that, in any event, there had been no infringement of the patent by Drillsafe (D) and others.
Contentions:
D maintained, inter alia, that its use of a semi-penetrating retractable probe within a cutting device in order to prevent the cutter from wandering did not infringe the patent on the ground that it was a permissible variant of the invention.
W contended that the judge had erred in his conclusion that the patent was invalid, and furthermore, he had failed to construe the words of the claim correctly and in accordance with the Protocol on Interpretation of the European Patent Convention 1973 Art.69 , as required under the Patents Act 1977 s.125(3).
Issues:
1. Whether the patent of W was invalid?
2. Whether there was any infringement of W’s patent by D?
Held:
The appeal was allowed on the issue of invalidity of the patent. However, it was dismissed on the issue of infringement. It was observed that the judge had failed to adopt the correct approach when determining that the...

...Inventions. — The following shall be excluded from patent protection:
22.1. Discoveries, scientific theories and mathematical methods;
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality. (Section 22)
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2. NOVELTY REQUIREMENT
Novelty. — An invention shall not be considered new if it forms part of a prior art. (Section 23)
Prior Art. — Prior art shall consist of:
24.1. Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention; and
24.2. The whole contents of an application for a patent, utility...

...﻿
A Study in Business Law of Patent Trolls
March 12, 2014
“‘Oh, the story of a troll kind of fits ‘cause the whole Billy Goats Gruff thing, it’s someone lying under a bridge they didn’t build, demanding payment from anyone who passed. I said, ‘How about a patent troll?’”
Peter Detkin
Counsel for Intel
It’s a story every child knows: The poor three Billy Goats Gruff that just want to cross the bridge. The evil troll that blocks their way and demands a stiff toll before letting them pass. The final justice that prevails when the biggest and oldest Billy Goat Gruff pushes the troll off the bridge. But aside from childhood bedtime stories, do these evil “trolls” really exist in today’s world, impacting the financial wellbeing of our society?
The term “patent troll” was coined in the late 1990s by Peter Detkin, counsel for Intel. Intel had been hit by a series of lawsuits from companies that did not build anything, yet held patents for products used in manufacturing by Intel (such as semiconductors). In turn, they demanded Intel pay up for using their patents. In a particularly frustrating lawsuit, Detkin called the lawyer filing it a ‘patent extortionist,’ which caused that lawyer to sue for libel and Detkin to search for a better name. As Detkin explains:
“So I had a contest inside Intel. The contest itself was named “The Terrorist”… we got a lot of...